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6.02.26
China’s Enhanced National Security “Great Wall”– Supply Chain Security, Red Lines, and Blocking Rules
Recently, the People’s Republic of China (PRC or China) introduced further unprecedented national security measures spanning sanctions, supply chain security, and data security, in addition to blocking rules to protect the internal market from the extraterritorial effects of certain foreign regulatory measures. These developments build on the PRC’s already well-established national security framework, and underscore China’s determination to construct a fortified system designed to shield its supply chains and legal order from foreign influences it deems unjustified. These measures increasingly create potential conflicts of law and pose complex compliance, governance, and commercial challenges for businesses striving to navigate multiple major regulatory regimes worldwide.
Alerts
4.06.26
Double Dose of New Tariffs: President Prescribes New Pharmaceuticals and Metals Tariffs
On April 2, 2026, President Trump issued two presidential proclamations: a proclamation imposing Section 232 tariffs on certain branded pharmaceutical products and associated active pharmaceutical ingredients (APIs) (the Pharmaceuticals Proclamation), and a proclamation modifying the Section 232 steel, aluminum, and copper tariffs (the Metals Proclamation).
Alerts
3.17.26
NRC’s Proposed Regulatory Framework for Fusion Machines Reaffirms Existing Export Control Rules
The Nuclear Regulatory Commission (NRC) is proposing numerous revisions to its controls on byproduct material produced by fusion machines. While the primary focus of the proposed rule is the regulatory framework for domestic licensing of the possession, use, and production of byproduct material associated with fusion machines, the proposed rule also includes changes to the definitions of “byproduct material” and “particle accelerator” in the NRC Export Control Regulations (Part 110).
Alerts
2.25.26
U.S. Supreme Court Shakes Up Trump Tariff Tactics
On February 20, 2026, the U.S. Supreme Court issued its much-anticipated ruling in the Learning Resources case, concluding that the tariffs imposed by the Trump administration since February 2025 under the International Emergency Economic Powers Act (IEEPA) were unauthorized. The Court’s landmark 6-3 decision produced seven separate opinions with Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson in the majority, holding that “the power to unilaterally impose tariffs of unlimited amount, duration, and scope” required “clear congressional authorization.” This decision affirmed earlier Federal Circuit and Court of International Trade (CIT) rulings rejecting the President’s authority to impose both the “fentanyl-related” (or “trafficking”) tariffs applied to products of China, Canada, and Mexico and the “reciprocal” tariffs applied to products of U.S. trading partners since “Liberation Day” back in April 2025. Notably, the Court’s opinion did not address the availability of or timing for any refunds owed to importers who have already paid the fentanyl-related and reciprocal tariffs.
Alerts
1.22.26
A Mixed Bag of Chips: Significant New Import and Export Changes for Advanced Semiconductors
The U.S. Department of Commerce issued a rule newly permitting certain advanced, H200/MI325X-grade computing chips classified under Export Control Classification Number (ECCN) 3A090 to be eligible for export to China, subject to a case-by-case licensing policy instead of a policy of denial.
Alerts
1.16.26
Not All Drones After All: FCC Exempts Certain Foreign-Made Drones and Critical Components from Covered List and Issues Guidance for DoW and DHS Conditional Approvals
On January 7, 2026, the U.S. Department of Defense, also referred to as the U.S. Department of War (DoW), and the Federal Communications Commission (FCC) issued several follow-on items to the FCC’s December 2025 action that had added all new models of foreign-made uncrewed aircraft systems (UAS) and their critical components to the FCC’s Covered List (Drone Action). If left intact, that action would have functionally banned all new models of foreign-produced drones and their critical components from being imported or sold in the U.S. Instead, these new items substantially update—and clarify—the scope of the Drone Action.
Alerts
1.05.26
FCC Restricts Authorization of Foreign-Made Drones and Critical Components
On December 22, 2025, in a surprising and unprecedented action, the Public Safety and Homeland Security Bureau of the Federal Communications Commission (FCC) added to the FCC’s Covered List new models of foreign-made uncrewed aircraft systems (UAS)—commonly referred to as drones—as well as the critical components of these drones. This action effectively bans the importation, marketing, and sale of all such drones and components in the U.S. This client alert unpacks the key issues and questions around the FCC’s action.
Alerts
11.11.25
BIS Formally Suspends New “Affiliates Rule” for One Year
On November 11, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) formally published a one year suspension of the “Affiliates Rule,” previously announced by Treasury Secretary Scott Bessent, in the Federal Register. The suspension is being imposed in two phases; the first phase temporarily suspends the Affiliates Rule and is effective immediately through November 9, 2026. The second phase reimposes the Affiliates Rule and will be effective starting November 10, 2026.
Alerts
10.30.25
Treasury Secretary Bessent Announces Suspension of 50 Percent “Affiliate” Rule for Entity List, Military End-Users List
During a televised interview today, Treasury Secretary Scott Bessent announced that the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) will suspend implementation of the so-called “Affiliates Rule,” which was adopted by BIS as an interim final rule last month. Under this new Affiliates Rule, BIS expanded the scope of the Entity List, Military End User (MEU) List, and Section 744.8 restrictions to also apply to non-U.S. entities owned, directly or indirectly, and individually or in the aggregate, 50 percent or more by another party or parties enumerated on an applicable list.
News Articles
10.17.25
Mike Casey, Fleur Benns Recognized in Chambers UK 2026
On October 15, 2025, Wilson Sonsini attorneys Fleur Benns and Michael Casey were recognized in the 2026 edition of Chambers UK. Fleur is ranked in the “Employee Share Schemes & Incentives” category and Mike is ranked in the “Sanctions” category.
Alerts
9.30.25
BIS Ratchets Up Export Controls, Adopts 50 Percent Affiliate Rule
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has followed through on its long-threatened proposal to expand the Entity List to capture foreign subsidiaries and affiliates of listed companies. On September 29, 2025, BIS released an interim final rule (the September 29 IFR) announcing that BIS will adopt a similar approach to that currently used by the Treasury Department’s Office of Foreign Assets Control for its Specially Designated Nationals List restrictions and expand the scope of the Entity List, Military End User (MEU) List, and Section 744.8 restrictions to non-U.S. entities owned, directly or indirectly, and individually or in the aggregate, 50 percent or more by another party enumerated on an applicable list (such parties, a Foreign Affiliate). U.S. entities owned by a listed entity are not subject to the new restrictions.
Alerts
9.09.25
Federal Circuit Affirms Tariff Illegality but Defers Action to Remove Tariffs Pending Appeal
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit (the Court of Appeals) affirmed in a 7-4 ruling that although the International Emergency Economic Powers Act (IEEPA) could give President Trump the authority in some cases to impose tariffs, it did not give the administration the authority to impose the reciprocal and fentanyl-related tariffs that have been in place since earlier this year. In a separate Order, the Court of Appeals withheld issuance of its mandate to allow for further appeal to the U.S. Supreme Court, which the administration has already petitioned to take the case, requested to expedite, and received the acquiescence of the private plaintiffs and the state plaintiffs to do so. A ruling on the petition for certiorari is expected soon. Thus, importers will continue to be required to pay these tariffs until the Supreme Court directs otherwise.